Section 33Part 4 — Powers, Duties and Privileges of Police Officers
Destruction of records of identification
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33. (1) Subject to subsection (4), on the acquittal of any person whose photographs, descriptions, measurements, fingerprints, palmprints, footprints or other physical specimens have been taken pursuant to this Part, such photographs, descriptions, measurements, fingerprints, palmprints, footprints or physical specimens shall be destroyed or handed over to that person at that person’s option.
Where a person’s photographs, descriptions, measurements, fingerprints, palmprints, footprints or other physical specimens have been taken pursuant to this Part, and that person —
is not charged; or
is charged, but the prosecution does not proceed with the charge or the proceedings are discontinued, such photographs, descriptions, measurements, fingerprints, palmprints, footprints or other physical specimens shall be destroyed or handed over to that person at that person’s option.
Where a person’s photographs, descriptions, measurements, fingerprints, palmprints, footprints or other physical specimens are to be destroyed the person or that person’s legal representative shall —
be given prior notice of the date, time and location of such destruction; and
be issued with a certificate of destruction attesting to same.
Where the Commissioner is of the opinion that any photographs, descriptions, measurements, fingerprints, palmprints, footprints or other physical specimens Section 34 Police Act (2021 Revision) Page 22 Revised as at 31st December, 2020 c of any person taken pursuant to this Part should not be destroyed or handed over, the Commissioner shall —
upon the acquittal; or
upon an application under subsection (1) or (2), make an application to the court before which the person was acquitted, or where they were not brought before any court, the Grand Court, for the retention of any such photographs, descriptions, measurements, fingerprints, palmprints, footprints or other physical specimens.
An application under subsection (4) may be made where the Commissioner has reasonable grounds to suspect that the person has been involved in the commission of another offence for which that person has not been charged.